Transasia Private Capital Limited v. Minu Sridhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023

CORAM:

THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI Trans Asia Private Capital Limited Having its office at 18/F, Printing House, 6 Duddell Street, Central, Hong Kong, Represented by its Director Mr.Jiffriy Chandra .. Petitioner Vs 1.Minu Sridhar 2.Sridhar Melarkode Vaidyanathan 3.Mados Global FZE Having Office at BCW Dubai United Arab Emirates, Represented by its Director 4.Mados Trading Company LLC Having Office at PO Box 45290, Office 402, C-88 Commercial Building Abhu Dhabi, United Arab Emirates Represented by its Director .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the present petition and pass urgent and appropriate orders directing the Court of Principal District Judge, 1/4

Chengalpet for early numbering and listing of the application of Execution petition bearing SR Number 9799/2023.

For Petitioner : Mr. Parthasarathy, Senior Counsel for Mr. Raghavendra Ross Divakar

O R D E R

This Civil Revision Petition is filed to direct the Court of Principal District Judge, Chengalpet for early numbering and listing of the application of Execution petition bearing SR No. 9799/2023.

2. The revision petitioner is the decree holder in unnumbered E.P.S.R.No.9799 of 2023 before the Principal District Judge, Chengalpet.

3. The learned counsel for the petitioner submits that to execute the decree passed in favour of the decree holder, he preferred EP before the District Court but the same was not taken on file. EP was filed initially on 09.08.2023. Thereafter, the said execution petition was returned by the executing Court stating that making query about the maintainability of the said petition and the same was complied by the decree holder. Even then, the 2/4

executing Court has not passed an order. Aggrieved by the said finding, the decree holder has preferred this revision.

4. On perusal of the notes paper, the execution petition was filed on 09.08.2023, it was presented before the executing Court but as on date, the said petition was not taken on file and the trial Judge needs the clarification in respect of maintainability. Though the same was submitted before the Court but it was not taken into consideration nor passed any order in that petition. Therefore, the trial Judge is directed to pass order on merit, within two weeks from the date of receipt of copy of this order.

5. In the result, the Civil Revision Petition is allowed. No costs. 13.12.2023 Index :Yes/No AT To The Principal District Judge, Chengalpet.

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T.V.THAMILSELVI, J.

AT 13.12.2023 4/4